 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           788
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2023
                                       ___________
 
        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Labor
 
        AN  ACT  to amend the labor law, in relation to prohibiting student loan
          payment history checks in making employment decisions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The labor law is amended by adding a new section 219-d to
     2  read as follows:
     3    § 219-d. Student  loan  payment  history;  employment.  1.  Except  as
     4  provided  in  this section and in those cases otherwise mandated by law,
     5  it shall be an unlawful  discriminatory  practice  for  an  employer  to
     6  request  or  to use for employment purposes information contained in the
     7  consumer credit history indicating the payment status of a student loan,
     8  as defined in subdivision fourteen of section sixteen  hundred  seventy-
     9  six  of  the  public  authorities law, of an applicant for employment or
    10  otherwise discriminate against such  applicant  with  regard  to  hiring
    11  decisions.
    12    2.  For the purposes of this section, the term "consumer credit histo-
    13  ry" shall mean any information bearing on an individual's credit worthi-
    14  ness, credit standing, or credit capacity, including,  but  not  limited
    15  to,  an  individual's  credit  score,  credit account and other consumer
    16  account balances, and payment history.
    17    3. This section shall not apply to an employer, or agent thereof, that
    18  is required by state of federal law or regulations or by a  self-regula-
    19  tory organization, as defined in paragraph twenty-six of subdivision (a)
    20  of  section three of the securities exchange act of 1934, as amended, to
    21  use an individual's consumer credit history for employment purposes.
    22    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00724-01-3
Prohibits the use of credit history checks in certain cases

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